Does the False Claims Act protect whistleblowers from retaliation?

Yes.  Under 31 U.S.C. §3730(h), an employer may not discriminate in any way against an employee or contractor who investigates or reports potential fraud. 

To prove retaliation, the whistleblower must show that: (1) she engaged in protected conduct (such as reporting fraud to the government) under the False Claims Act (FCA); (2) the employer knew about that conduct; and (3) the employer discriminated or retaliated against the whistleblower because of that conduct. 

Whistleblowers who suffer discrimination can receive “all relief necessary” to make them whole, including reinstatement, twice the amount of back pay owed (with interest), and compensation for any special damages suffered, including litigation costs and attorney fees. 

Protection against retaliation is available even if neither the government nor the whistleblower files a suit under the FCA.  Merely investigating a potential violation of the FCA is “protected conduct,” meaning the employee would be protected from any retaliation she suffers because of such investigation. 

To learn more about the False Claims Act and other whistleblower programs, go to www.mololamken.com and follow us on LinkedIn.  “Brilliant lawyers with courtroom savvy” — Benchmark Litigation.  Copyright MoloLamken LLP 2023.